Local Zoning Of Medical Marijuana Scrutinized

Katelyn Baker

Well-Known Member
The passage of an Ohio House bill to legalize medical marijuana has started the clock for municipalities that want to regulate those sales.

Although the rules for growing and dispensing the drug are still being developed, Wyoming officials are examining the city's zoning laws to make sure medical marijuana is not sold there.

The Committee of the Whole met in late June to discuss the issue, and decided to examine it in more depth among one or more specialized committees, though those groups were not identified. Whichever committee is chosen, one thing was certain: council members want to keep the dispensaries out of Wyoming.

HB 523 was signed June 8, with an effective date of Sept. 6, though details about how medical marijuana would be licensed, cultivated and dispensed are still being worked out. It established a Medical Marijuana Control Commission, which will administer the Medical Marijuana Control Program.

The program will allow patients, with a physician's recommendation, to use medical marijuana for a qualifying medical condition. The patient, any caregivers and the physician must be registered through the program. Personal use of medical marijuana is not allowed, and it can't be smoked or used in any combustible way. It will be available through oils, tinctures, plant materials, edibles and patches. The program also specifies that it can't be made or sold in a way that's attractive to children.

The zoning of dispensaries has been left up to local municipalities, but none can be located within 1,000 feet of a school, church, public library, public park or public playground. Those regulations also apply to cultivators, processors and laboratories.

While marijuana is classified as a schedule 1 controlled substance, medical marijuana has been classified as a schedule 2. This means it has no currently acceptable medical use or safety process, and has a high risk of abuse.

Wyoming officials will examine the city's zoning laws, which allow retailers to sell "goods," Solicitor Emily Supinger explained during the Committee of the Whole meeting, which included members of City Council, along with several other public officials. That wording may not prohibit dispensaries, Supinger said, explaining that zoning regulations could be amended to exclude the dispensing of medical marijuana as a permitted use.

The city could also issue a six-month moratorium, to allow time to study the issue further and pass a zoning code amendment. During that time, changes would be identified, a commission recommendation would be made to City Council, a public hearing would be held, and City Council would vote on the ordinance.

Sharonville has not yet discussed the issue, but Planning Director Richard Osgood said he's not aware of any proposal to prohibit local businesses from dispensing medical marijuana.

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Full Article: Local Zoning Of Medical Marijuana Scrutinized
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